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(영문) 대구지방법원 2017.11.10 2016가단37485
대여금및손해배상(기)
Text

1. The plaintiff (Counterclaim defendant) A:

A. Defendant C: (a) 52,801,650 won and its related amount from April 4, 2016 to November 23, 2016.

Reasons

1. Plaintiff A’s claim against Defendant C lent KRW 25% per annum to Defendant C on April 3, 2016 and due date for payment on May 3, 2016. The fact that Plaintiff A lent KRW 45,545,200 on April 4, 2016 to Defendant C by setting the interest rate of KRW 25% per annum, and due date for payment on May 4, 2016 is without dispute between the parties, or that the fact that Plaintiff A lent KRW 1,255,200 on May 4, 2016 by setting the due date for payment on May 1, 2016 is recognized by each of the descriptions and arguments set forth in subparagraphs 1 and 2

Plaintiff

A is a person who has received 10,000,000 won from Defendant D as the settlement of the above loan (i.e., the remaining loan amount of KRW 52,801,650 (i.e., KRW 17,256,450, KRW 45,500, KRW 45,545,200 - KRW 10,000), and the last loan date, from April 4, 2016 to November 23, 2016, the agreed rate of KRW 25% per annum, and the interest or delay damages calculated at 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. Plaintiff A’s claim for debt acquisition against Defendant D;

A. The plaintiff's assertion 1) The defendant D, the partner of the defendant C, expressed his intention to repay the debt of the defendant C to the plaintiff himself, thereby acquiring the debt jointly, and actually paying the debt of the 10 million won. Thus, the defendant D's assertion that the defendant D would pay the remaining debt jointly with the defendant C. The defendant D would not pay the debt of the defendant C. The defendant D would not pay the debt of the defendant C, and the plaintiff A would receive a certificate of the loan on the ground that it would lend the loan of the money to the defendant C as bad, and the loan of the 10 million won to the plaintiff A is unfair. Thus, this part of the claim is unjust.

B. 1) On April 3, 2016, Plaintiff A remitted KRW 17,256,450 to the account of Nonparty E or F on April 3, 2016, and KRW 45,545,200 on loans extended on April 4, 2016 to Defendant D (hereinafter “foreign corporation”).

(2) Defendant D transferred to his account from May 31, 2016 to June 2016.

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